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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 09-10-2004, 12:23 PM
really unsure
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unsure


What is the name of your state?What is the name of your state? Illinois I have filed bankrupcty already and it has been discharge. It was discarge in August. I have a car and I signed reaffrimation agreement. After my bankrupcty was discharged i to went purchased a new car. What i owed on the car was more than what the car was worth. salesmans look up may bankruptcy and my reafrimation agreement and said that i could get out of it by writing a later stating that i change my mind and where they can pick the car up from. the salesman said that i would not be able to purchased a new car because it would make my loan and monthly payment to high is this true would anything happen to me if i did this

Last edited by really unsure; 09-10-2004 at 12:26 PM. Reason: forgot to add something
  #2  
Old 09-10-2004, 04:48 PM
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Join Date: Jun 2004
Posts: 16
If you signed a reaffirmation agreement that was approved, then they can come after you for the balance after they sell it at auction.

The reaffirmation agreement is confirming to the creditor and the court that you agree to be liable for that debt and not want it discharged in the bankruptcy proceedings.
  #3  
Old 09-10-2004, 06:33 PM
really unsure
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unsure


I am from illinios I dont think that it was approved yet. because the sales said that I had 2 months to change my mind even though the bankrucpty was discharged
  #4  
Old 09-10-2004, 10:43 PM
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I do believe that a reaffirmation must be approved BEFORE the discharge is granted. You DO have a right to cancel the reaffirmation;

Quote:
The Bankruptcy Code gives you the right to cancel any reaffirmation agreement by notifying the creditor at any time:
- before you receive your discharge, or
- within 60 days after the reaffirmation agreement is FILED with the bankruptcy court, whichever is later. (11.U.S.C. s 524(c)(2).
So, yes you can cancel it, but you'd better know when the reaff was FILED with the court - your may not have a whole lot of time left and you DON"T want to trust the word of a car salesman !!

HOWEVER - and this is a big one - IL does NOT allow you to keep secured property without reaffirming or redeeming the property. So, in your case, you HAD to reaffirm if you wanted the car (and couldn't pay to redeem it) - otherwise the lender gets it back.

So, you might be able to cancel the reaffirmation, but you'll be walking after that. I suggest you talk to your bankruptcy attorney before you make another move.
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